Micro Focus

Terms of use

Welcome To The EntIT Website

Welcome to the EntIT (“EntIT” or “Our” or “We” or “Us”) website – and thank you for visiting, We hope you enjoy the experience!

These Terms of Use (“These Terms”) are a legal contract between you ("You" or "Your") and EntIT (collectively, “Everyone”) and govern Your use of this website, as well as other websites that EntIT may control, and all the text, data, information, software, graphics, logos, photographs, and more (all of which We refer to as “Materials”) that EntIT those entities controlled by Seattle Spinco Inc. on August 31, 2017 and formerly affiliated with the Software business unit of Hewlett Packard Enterprise may make available to You, as well as any services We may provide through any of Our websites (all of which are referred to in These Terms as “This Website”).

READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THESE TERMS.

Accessing This Website

When You access This Website, You are responsible for complying with These Terms as well as any and all use of This Website through any account that You may setup through or on This Website; some Materials will only be available to You if You have an account. You agree to provide true, accurate, current, and complete information for so long as You use This Website. Because it is Your account, it is Your responsibility to obtain and maintain all equipment, services and software needed for access to and use of This Website as well as paying related charges. It is also Your responsibility to maintain the confidentiality of Your password(s). Should You believe Your password or other security information for This Website has been breached in any way, You must immediately notify Us.

Sometimes, We collect certain personal information about You solely in connection with Your access and use of This Website. EntIT's use of that information is governed by the provisions of the EntIT Software LLC Online Privacy Statement.

We reserve the right to require that You change Your password or restrict Your access to This Website as We deem reasonably necessary.

Your Permitted Use of This Website

You are invited to use This Website for Your personal and business purposes where you are purchasing EntIT's products and services for use in Your business (“Permitted Uses”).

We hereby grant You a limited, personal, non-exclusive and non-transferable license to use and to display the Materials only in connection with Permitted Uses. Your right to use the Materials is conditioned on Your compliance with These Terms. You have no other rights in This Website or any Materials and You may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of This Website or Materials in any manner.

If You make copies of any of This Website while engaging in Permitted Uses we require that You please keep all of EntIT's copyright and other proprietary notices as they appear on This Website.

Unauthorized Use of This Website, Acceptable Use Policy

We authorize Your limited use of This Website. Any other use of This Website beyond the Permitted Uses is prohibited and, therefore, constitutes unauthorized use of This Website. This is because all rights in This Website and Materials remain the property of EntIT, its subsidiaries, or its affiliated companies.

Unauthorized use of This Website and Materials may result in violation of various United States and international intellectual property laws. We do not want that to happen and, therefore, We have given You examples of things to avoid in Our Acceptable Use Policy found here EntIT Acceptable Use Policy. You must follow EntIT's Acceptable Use Policy whenever You use This Website or any services offered from This Website.

Terminating Your Use of This Website

We or You may terminate Your use of This Website at any time. Your use of This Website will automatically terminate in the event You breach any of These Terms. To clarify:

  • Unless We otherwise agree with You in writing, We may terminate, suspend, or modify Your registration with, or access to, all or part of This Website, without notice, at any time and for any reason.
  • You may discontinue Your access to and use of This Website at any time. In the event of an automatic termination for breach, You must immediately destroy any downloaded or printed materials (and any copies thereof).

Disclaimers

THIS WEBSITE IS PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS WEBSITE IS WITH YOU.

ENTIT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THIS WEBSITE, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

THIS MEANS THAT ENTIT DOES NOT PROMISE YOU THAT THE WEBSITE IS FREE OF PROBLEMS. Without limiting the generality of the foregoing, EntIT makes no warranty that This Website will meet Your requirements or that This Website will be uninterrupted, timely, secure, or error free or that defects in This Website will be corrected. EntIT makes no warranty as to the results that may be obtained from the use of This Website or as to the accuracy or reliability of any information obtained through This Website. No advice or information, whether oral or written, obtained by You through This Website or from EntIT, its subsidiaries, or other affiliated companies, or its or their suppliers (or the respective officers, directors, employees, or agents of any such entities) (collectively, "The EntIT Parties") shall create any warranty. EntIT disclaims all equitable indemnities.

LIMITATION OF LIABILITY

IN NO EVENT WILL ANY OF THE ENTIT PARTIES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) DAMAGES THAT ARE MORE THAN ONE HUNDRED UNITED STATES (US$100.00) DOLLARS IN TOTAL (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF ANY ENTIT PARTY HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.

Exclusions and limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to You. To the extent that any EntIT Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the EntIT Party's liability shall be the minimum permitted under such applicable law.

Other Agreements; Software, Services or Access

EntIT may provide products (such as hardware or software), services (such as software subscription services, hardware maintenance or repair or software maintenance, installation, or training) or access via This Website under the terms of a separate agreement between You and EntIT, such as a license agreement or separate terms of sale and warranty terms (each, an "Other Agreement"). EntIT's obligations regarding any product, service, or access that it makes available to You under any Other Agreement shall be governed solely by the Other Agreement under which such product, service or access is provided and These Terms shall not be deemed or construed to alter the terms of any such Other Agreement. If there is an inconsistency between These Terms and any Other Agreement, the Other Agreement will control.

For example, the use of any software that is made available to download from the EntIT Websites ("Software") is governed by the terms of the end user license agreement, if any, that accompanies or is included with the Software ("License Agreement"). You may not install any Software that is accompanied by or includes a License Agreement unless You first have agreed to the License Agreement. If there is no License Agreement, then These Terms will govern Your use of that Software.

EntIT May Modify This Website

EntIT reserves the right to modify, suspend, or discontinue This Website at any time without notice to You. We would, however, like You to be aware of the following:

  • EntIT may make changes to the This Website, the Materials, or to the products, services and prices described in This Website, at any time without notice.
  • This Website may be out of date and EntIT makes no commitment whatsoever to update This Website.
  • Information published on This Website may refer to products, programs, or services that are not available in Your country.

We suggest You consult Your local EntIT business contact for information regarding the products, programs and services that may be available to You via This Website.

Your Submission(s) to This Website

Certain areas of This Website (e.g., chat rooms, customer ratings, review areas, community and support forums) may permit You to submit feedback, information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (each, a "User Submission"). You agree that You are solely responsible for all of Your User Submissions and that any such User Submission is considered both non-confidential and non-proprietary. Further, EntIT does not guarantee that You will have any recourse through EntIT or any third party to edit or delete any User Submission You have submitted.

By submitting any User Submission, You represent and warrant that:

  • You are at least 13 years old;
  • You own all rights in Your User Submissions (including, without limitation, all rights to the text, code, audio, video, or digital recording and the performance contained in Your User Submissions) or, alternatively, You have acquired all necessary rights in Your User Submissions to enable You to grant to EntIT the rights in Your User Submissions as described in These Terms;
  • You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of Your User Submissions;
  • You are the individual pictured and/or heard in Your User Submissions or, alternatively, You have obtained permission from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears and/or is heard in Your User Submissions to grant the rights to EntIT as described in These Terms;
  • Your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, rules of social media sites, or any other legal or moral rights of any third party;
  • You voluntarily agree to waive all "moral rights" that You may have in Your User Submission;
  • Any information contained in Your User Submission is not known by You to be false, inaccurate, or misleading;
  • Your User Submission does not violate any law, statute, regulation, rule, order, or treaty (each, a "Law") (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
  • Your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another's privacy;
  • You were not and will not be compensated or granted any consideration by any third party for submitting Your User Submission;
  • Your User Submission does not incorporate materials from a third party web site, or addresses, email addresses, contact information, or phone numbers (other than Your own);
  • Your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
  • Your User Submission does not contain any information that You consider confidential, proprietary, or personal; and
  • Your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.

By submitting a User Submission, You grant to EntIT an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sublicensable through multiple tiers) to:

  • Use, distribute, reproduce, modify, create derivative works of, adapt, publish, translate, publicly perform, and publicly display Your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed, including, without limitation, incorporation into any technology, product, or service.
  • Use, sell, offer to sell, make, have made, and import your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that EntIT deems appropriate in its sole discretion (including, without limitation, to incorporate Your User Submission or any modification thereto, in whole or in part, into any technology, product, or service);
  • Display advertisements in connection with your User Submissions and to use Your User Submissions for advertising and promotional purposes.

EntIT may, but is not obligated to, pre-screen User Submissions or monitor any area of This Website through which User Submissions may be submitted. EntIT is not required to host, display, or distribute any User Submissions on or through This Website and may remove at any time or refuse any User Submissions for any reason. EntIT is not responsible for any loss, theft, or damage of any kind to any User Submissions. Further, You agree that EntIT may freely disclose Your User Submission to any third party absent any obligation of confidence on the part of the recipient

Intellectual Property Rights

EntIT respects the intellectual property rights of others, and We ask You to do the same. EntIT may, in appropriate circumstances and at Our discretion, terminate service and/or access to This Webite for users who infringe the intellectual property rights of others. If You believe that Your work is the subject of copyright infringement and/or trademark infringement and appears on this Website, please let Us know by following the procedures found here Claims of Infringement on EntIT Websites.

Trademarks

EntIT, the EntIT logos and other trademarks used by EntIT are registered trademarks of EntIT Development LP and/or its affiliates.

You may use EntIT word marks, in text, to refer fairly and accurately to EntIT, its products and its services, subject to the guidelines below.

Any EntIT logos are reserved for use by EntIT and those EntIT partners and licensees that have a written agreement with EntIT that specifically authorizes logo use. No other use of EntIT logos or stylized marks is permitted.

You may not use EntIT trademarks in a manner likely to mislead consumers as to Your relationship with EntIT, as to EntIT's sponsorship or endorsement of Your company, products or services, or as to the origin of Your products or services. Any use of EntIT trademarks that is likely to confuse or mislead the public is unlawful and expressly prohibited.

Trademark Use by Authorized EntIT Partners and Licensees

If You have an existing relationship with EntIT, please adhere to the specific trademark use guidelines and terms provided in Your written agreement.

If Your existing agreement with EntIT authorizes You to display EntIT trademarks, but does not contain specific trademark use guidelines, please follow the trademark use guidelines on this page.

If You have questions You should contact Your account representative or other EntIT business contact.

EntIT General Trademark Guidelines

The following general trademark guidelines are intended for use by companies that are authorized users of EntIT's trademarks, including for example EntIT's partners, licensees, alliances and authorized resellers under contract with EntIT.

  • EntIT does not use or require the use of trademark symbols, legends or acknowledgements with EntIT trademarks, unless otherwise agreed in writing.
  • EntIT trademarks should be presented as adjectives modifying generic nouns; for example: EntIT servers, EntIT support services, etc.
  • Do not use variations, plural or possessive forms of EntIT trademarks.
  • Do not use EntIT trademarks in a manner likely to mislead or confuse the public as to the origin of any goods or services, or as to sponsorship or endorsement by EntIT.
  • Do not use EntIT trademarks to make false statements about EntIT or its products or services.
  • Do not incorporate or integrate EntIT trademarks in Your trade names, business names, product names, service names, social media user names, or domain names.
  • Do not adopt or imitate EntIT's distinctive product designs, product packaging, trade dress, advertising materials, slogans, taglines or website layouts.
  • When referring to EntIT in formal documentation (i.e., annual reports, financial reports) the full name EntIT Company is preferred. In other contexts, EntIT is preferred.

THESE GUIDELINES MAY BE REVISED FROM TIME TO TIME WITHOUT NOTICE. IT IS THE RESPONSIBILITY OF YOU, ENTIT's PARTNERS, LICENSEES, ALLIANCES AND AUTHORIZED RESELLERS TO REGULARLY CHECK THIS PAGE AS WELL AS CHECK WITH THEIR APPROPRIATE ENTIT BUSINESS CONTACTS TO ENSURE CONTINUED COMPLIANCE WITH ENTIT's TRADEMARK USE GUIDELINES.

Links To Third-Party Websites

We think links are convenient, and so We have provided links on This Website to third-party websites. If You use these links, You will leave This Website. EntIT is not obligated to review any third-party websites that You link to from This Website, does not control any of the third-party websites, and is not responsible for any of the third-party websites (or the products, services, or content available through any of them). Thus, EntIT does not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If You decide to access any of the third-party websites linked to from This Website, You do so entirely at Your own risk and You shall be deemed subject to the privacy policies and terms and conditions for those third-party websites; These Terms are not applicable to Your use of any such third-party websites.

Linking To This Website

Again, because We think links are convenient, We allow You to create links to This Website from other websites. Unless an express agreement states otherwise, You must comply with the following terms and all applicable laws if You provide anyone with a link to This Website:

  • You may link to, but may not copy, any Materials;
  • You may only use and reproduce an EntIT logo or trademark if You follow Our trademark and logo usage policies found herein.
  • You shall not create a browser or border environment around any Materials;
  • You shall not imply that EntIT endorses or is affiliated with any such website that links to This Website or any products, services, or content available through that website;
  • You shall not misrepresent Your relationship with EntIT;
  • You shall not present false or misleading information about EntIT, its products, or its services;
  • The website that links to This Website shall not contain content that could be construed as distasteful, offensive, or controversial; and
  • The website that links to This Website shall contain only content that is appropriate for all age groups.

U.S. Government Restricted Rights

Any Materials that are downloaded by or on behalf of the United States of America, its agencies, and/or instrumentalities (“U.S. Government”), are subject to the provisions of FAR 12.211 – “Technical Data”, and FAR 12.212 – “Computer Software” , or to clauses providing EntIT equivalent protections in DFARS or other agency specific regulations.

International and Export Issues

[Micro Focus administers This Website from its offices in Sunnyvale, California. Micro Focus makes no representation that This Website is appropriate or available for use outside the United States and access to This Website from territories where its contents are illegal or restricted is prohibited.]

Access of This Website from outside the United States is done at Your own initiation and You are responsible for compliance with applicable Laws.

You agree to comply with all export and re-export restrictions and regulations of the Department of Commerce and any other United States or foreign agencies and authorities in connection with Your use of the Micro Focus Websites and to not, in violation of any Laws, transfer, or authorize the transfer, of any Materials to a prohibited country or otherwise in violation of any Laws. In particular, but without limitation, the Materials may not, in violation of any Laws, be exported or re-exported:

By using any Materials subject to any such restrictions and regulations, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list.

Indemnification

You agree to indemnify, defend, and hold harmless The EntIT Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from Your (or anyone using Your account’s) violation of These Terms. EntIT reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You and, in such case, You agree to cooperate with EntIT's defense of such claim.

Electronic Communications

When You visit This Website or send e-mails to EntIT, You are communicating with EntIT electronically. We may respond to You by e-mail or by posting notices on This Website. You agree that all such notices, disclosures, and other communications that EntIT provides to You electronically satisfy any legal requirement that such communications be in writing.

Ownership

Unless otherwise specified in These Terms, all Materials, as well as the arrangement of them on This Website are Our sole property, Copyright © [dates of creation] EntIT Software LLC. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

Entire Agreement for Everyone

These Terms, together with any additional terms to which You agree when using particular elements of This Website, constitute the entire and exclusive and final statement of the agreement as between Everyone with respect to the subject matter hereof, superseding any prior agreements or negotiations between You and EntIT with respect to the same. The EntIT Parties are third party beneficiaries with respect to the provisions in these Terms that reference them.

Governing Law

These Terms shall be governed by the laws of the State of California as applied to agreements made, entered into, and performed entirely in California by California residents, notwithstanding Your actual place of residence or business. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to these Terms. All lawsuits arising from or relating to These Terms or Your use of This Website shall be brought in the Federal or State courts located in Santa Clara County, California, and You hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.

Miscellaneous

The failure of EntIT to exercise or enforce any right or provision of These Terms shall not constitute a waiver of such right or provision. If any provision of These Terms is found by a court of competent jurisdiction to be invalid, You nevertheless agree that the court should endeavor to give effect to the intentions of EntIT and You as reflected in the provision, and that the other provisions of These Terms remain in full force and effect. The section titles in These Terms are for convenience only and have no legal or contractual effect. These Terms shall remain in full force and effect notwithstanding any termination of Your use of This Website. These Terms will be interpreted without application of any strict construction in favor of or against You or EntIT. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by EntIT without restriction.

California Consumer Notice

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This Website is provided by EntIT. If You have a question or complaint regarding this website, please contact us by writing EntIT, Attn: 1140 Enterprise Way, Sunnyvale, CA  94089  USA. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or TDD (800) 326-2297 or TDD (916) 322-1700.

EntIT May Modify These Terms of Use

EntIT may, in its sole and absolute discretion, change These Terms (including any other documents that are referenced in or linked to from These Terms) from time to time. EntIT will post notice of such changes on This Website as applicable. If You object to any such changes, Your sole recourse shall be to cease using This Website. Continued use of This Website following notice of any such changes shall indicate Your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of These Terms may be superseded by expressly-designated legal notices or terms located on particular pages of This Website and, in such circumstances, the expressly-designated legal notice or term shall be deemed to be incorporated into These Terms and to supersede the provision(s) of These Terms that are designated as being superseded.

Revised September 1, 2017

Quick Links to Relevant Terms of Use of EntIT Websites:

Access

Permitted Uses

Prohibited uses

Termination

Disclaimers

Other Agreements; Software, Services or Access

Modifications to EntIT Websites

Limitation of liability

User submissions

Intellectual Property Rights

Links to Third-party websites

Linking to This Site

U.S. Government Restricted Rights

International and Export Issues

Indemnification

Electronic Communications

Ownership

Entire Agreement

Governing Law

Miscellaneous

Modifications to These Terms

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